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· 11/12/2008

Hernandez-Carrera v. Carlson

Citations

  • 547 F.3d 1237
  • 2008 U.S. App. LEXIS 23566
  • 2008 WL 4868479

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • upholding administrative interpretation of statute regarding detention of certain aliens that did not provide for right to jury trial
  • upholding regulation contrary to Supreme Court decision after applying Brand X
  • upholding regulation contrary to Supreme Court decision after applying Brand Z
  • “It is well established that the canon of constitutional avoidance does constrain an agency’s discretion to interpret statutory ambiguities, even when Chevron deference would otherwise be due.”
  • “It is well established that the canon of constitutional avoidance does constrain an agency’s discretion to interpret statutory ambiguities, even when Chevron deference would otherwise be due.”
  • “It is well established that the canon of constitutional avoidance does constrain an agency’s discretion to interpret statutory ambiguities, even when Chevron deference would otherwise be due.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, McConnell, Tymkovich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.